Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the Underwriters, the Company and the controlling persons, directors and officers referred to in Section 7 hereof, and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 30 contracts
Sources: Underwriting Agreement (Netjewels Com Inc), Underwriting Agreement (Snowdance Inc), Underwriting Agreement (Sma Real Time Inc)
Parties. This Agreement shall inure is made solely to for the benefit of and shall be binding upon, the several Underwriters, the Company and the Company, any officer, director or controlling persons, directors and officers person referred to in Section 7 hereof, and their respective successorssuccessors and assigns or heirs and legal representatives, legal representatives and assignsas applicable, and no other person shall have acquire or be construed to have any legal or equitable right, remedy or claim under or in respect of or right by virtue of this Agreement or Agreement. The term “successors and assigns,” as used in this Agreement, shall not include any provisions herein contained. No purchaser of any of the Securities from any Underwriter shall be deemed to be a successor of the Underwriters merely by reason merely of such purchase.
Appears in 26 contracts
Sources: Underwriting Agreement (New York Mortgage Trust, Inc.), Underwriting Agreement (New York Mortgage Trust, Inc.), Underwriting Agreement (New York Mortgage Trust Inc)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the UnderwritersInitial Purchasers, the Company Issuers and the controlling persons, directors and officers other indemnified parties referred to in Section 7 hereofSections 6 and 7, and their respective successors, legal representatives successors and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser The term “successors and assigns” shall not include a purchaser, in its capacity as such, of Securities Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchasethe Initial Purchasers.
Appears in 16 contracts
Sources: Purchase Agreement, Purchase Agreement (Basic Energy Services Inc), Purchase Agreement (Hercules Offshore, Inc.)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, upon the Underwriters, the Company and the Manager and the controlling persons, directors directors, officers, employees and officers agents referred to in Section 7 hereofSections 6 and 7, and their respective successors, legal representatives successors and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser The term “successors and assigns” shall not include a purchaser, in its capacity as such, of Securities Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchasethe Underwriters.
Appears in 15 contracts
Sources: Underwriting Agreement (New Residential Investment Corp.), Underwriting Agreement (New Residential Investment Corp.), Underwriting Agreement (New Senior Investment Group Inc.)
Parties. This Agreement shall inure insure solely to the benefit of of, and shall be binding upon, the Underwriters, Underwriters and the Company and the controlling persons, directors directors, officers, employees and officers agents referred to in Section 7 hereofand 8, and their respective successors, legal representatives successors and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser The term "successors and assigns" shall not include a purchaser, in its capacity as such, of Securities Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchasethe Underwriters.
Appears in 13 contracts
Sources: Underwriting Agreement (Interland Inc), Underwriting Agreement (Interland Inc), Underwriting Agreement (WFS Financial Inc)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, upon the Underwriters, the Company and the controlling persons, directors and officers referred to in Section 7 hereof, hereof and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Registered Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 12 contracts
Sources: Underwriting Agreement (Team Communication Group Inc), Underwriting Agreement (Us Golf & Entertainment Inc), Underwriting Agreement (Riviera Tool Co)
Parties. This Agreement shall be binding upon, and inure solely to the benefit of and shall be binding uponof, the Underwriters, the Company and, to the extent provided in Sections 7 and 10 hereof, the controlling persons, officers and directors of the Company and officers referred to in Section 7 hereofeach person who controls the Company or any Underwriter, and their respective successorsheirs, legal representatives executors, administrators, successors and assigns, and no other person shall have acquire or be construed to have any legal or equitable right, remedy or claim right under or in respect of or by virtue of this Agreement or any provisions herein containedAgreement. No purchaser of Securities any of the Certificates from any Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.
Appears in 11 contracts
Sources: Underwriting Agreement (Delta Air Lines, Inc.), Underwriting Agreement (Delta Air Lines Inc /De/), Underwriting Agreement (Spirit Airlines, Inc.)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the Underwriters, the Company Company, and the controlling persons, directors persons and officers entities referred to in Section 7 hereof8 who are entitled to indemnification or contribution, and their respective successors, legal representatives representatives, and assignsassigns (which shall not include any buyer, as such, of the Firm Shares and Additional Shares) and no other person shall have or be construed to have any legal or equitable right, remedy remedy, or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 10 contracts
Sources: Underwriting Agreement (Integrated Financial Systems Inc), Underwriting Agreement (Integrated Financial Systems Inc), Underwriting Agreement (Pentastar Communications Inc)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the Underwriters, the Company and the controlling persons, directors and officers referred to in Section 7 hereof, and their respective successors, legal representatives and assigns, and their respective heirs and legal representatives and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 10 contracts
Sources: Underwriting Agreement (Professional Transportation Group LTD Inc), Underwriting Agreement (Karts International Inc), Underwriting Agreement (Karts International Inc)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the Underwriters, Underwriters and the Company and the controlling persons, directors directors, officers, employees and officers agents referred to in Section Sections 7 hereofand 8, and their respective successors, legal representatives successors and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser The term "successors and assigns" shall not include a purchaser, in its capacity as such, of Securities Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchasethe Underwriters.
Appears in 9 contracts
Sources: Underwriting Agreement (Collateral Therapeutics Inc), Underwriting Agreement (Collateral Therapeutics Inc), Underwriting Agreement (Libbey Inc)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the Underwriters, the Company and the controlling persons, directors and officers referred to in Section 7 hereof, and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 8 contracts
Sources: Underwriting Agreement (Truevision International Inc), Underwriting Agreement (Truevision International Inc), Underwriting Agreement (Liquor Com Inc)
Parties. This Agreement shall inure solely to the benefit of of, ------- and shall be binding upon, the Underwriters, the Company and the controlling persons, directors directors, officers, employees and officers agents referred to in Section 7 hereofand 8, and their respective successors, legal representatives successors and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser The term "successors and assigns" shall not include a purchaser, in its capacity as such, of Securities Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchasethe Underwriters.
Appears in 7 contracts
Sources: Underwriting Agreement (Xm Satellite Radio Holdings Inc), Underwriting Agreement (Xm Satellite Radio Holdings Inc), Underwriting Agreement (Digex Inc/De)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the Underwriters, the Company Company, and the controlling persons, directors persons and officers entities referred to in Section 7 hereof8 who are entitled to indemnification or contribution, and their respective successors, legal representatives representatives, and assignsassigns (which shall not include any buyer, as such, of the Common Stock and Warrants or the Additional Securities) and no other person shall have or be construed to have any legal or equitable right, remedy remedy, or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 7 contracts
Sources: Underwriting Agreement (Arena Resources Inc), Underwriting Agreement (Arena Resources Inc), Underwriting Agreement (Arena Resources Inc)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the UnderwritersInitial Purchasers, the Company Issuers and the controlling persons, directors persons and officers agents referred to in Section 7 hereofSections 6 and 7, and their respective successors, legal representatives successors and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser The term "successors and assigns" shall not include a purchaser, in its capacity as such, of Securities Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchasethe Initial Purchasers.
Appears in 7 contracts
Sources: Purchase Agreement (Gainor Medical Acquisition Co), Purchase Agreement (Epmr Corp), Purchase Agreement (Norcraft Companies Lp)
Parties. This Agreement shall be binding upon, and inure solely to the benefit of and shall be binding uponof, the Underwriters, the Company and and, to the controlling persons, directors and officers referred to extent provided in Section 7 6 hereof, the officers and directors of the Company and each person who controls the Company or any Underwriter, and their respective successorsheirs, legal representatives executors, administrators, successors and assigns, and no other person shall have acquire or be construed to have any legal or equitable right, remedy or claim right under or in respect of or by virtue of this Agreement or any provisions herein containedAgreement. No purchaser of any of the Securities from any Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.
Appears in 7 contracts
Sources: Underwriting Agreement (Berkley W R Corp), Underwriting Agreement (Berkley W R Corp), Underwriting Agreement (Berkley W R Corp)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, upon the UnderwritersUnderwriter, the Company and the controlling persons, directors and officers referred to in Section 7 hereof, hereof and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Registered Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 6 contracts
Sources: Underwriting Agreement (Rollerball International Inc), Underwriting Agreement (Art Renaissance Inc), Underwriting Agreement (Infinite Technology Group LTD)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the Underwriters, the Company and the controlling persons, directors and officers referred to in Section SECTION 7 hereof, and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 6 contracts
Sources: Underwriting Agreement (Town Pages Holdings PLC), Underwriting Agreement (Maxim Pharmaceuticals Inc), Underwriting Agreement (Vaso Active Pharmaceuticals Inc)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the Underwriters, the Company and the controlling persons, directors and officers referred to in Section 7 hereof, and their respective successors, legal representatives Underwriters and assigns, and their respective heirs and legal Underwriters and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 6 contracts
Sources: Underwriting Agreement (Frost Hanna Capital Group Inc), Underwriting Agreement (Conserver Corp of America), Underwriting Agreement (Conserver Corp of America)
Parties. This Agreement shall inure solely to the benefit of and ------- shall be binding upon, upon the Underwriters, the Company and the controlling persons, directors and officers referred to in Section 7 hereof, hereof and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 5 contracts
Sources: Underwriting Agreement (Isonics Corp), Underwriting Agreement (Osmotics Corp), Underwriting Agreement (Isonics Corp)
Parties. This Agreement shall inure insure solely to the benefit of of, and ------- shall be binding upon, the Underwriters, Underwriters and the Company and the controlling persons, directors directors, officers, employees and officers agents referred to in Section 7 hereofand 8, and their respective successors, legal representatives successors and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser The term "successors and assigns" shall not include a purchaser, in its capacity as such, of Securities Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchasethe Underwriters.
Appears in 5 contracts
Sources: Underwriting Agreement (Xoom Inc), Underwriting Agreement (Drkoop Com), Underwriting Agreement (Concentric Network Corp)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the Underwriters, the Company and the controlling persons, directors Selling Stockholders and officers referred to in Section 7 hereofthe Controlling Persons, and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities Shares from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Sources: Standby Underwriting Agreement (Docucorp Inc), Standby Underwriting Agreement (Chromavision Medical Systems Inc), Standby Underwriting Agreement (Who Vision Systems Inc /Fl)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the UnderwritersUnderwriter, the Company and the controlling persons, directors and officers referred to in Section 7 hereof, and their respective successors, legal representatives Underwriters and assigns, assigns and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Sources: Underwriting Agreement (Awg LTD), Underwriting Agreement (Xetal Inc), Underwriting Agreement (United States Financial Group Inc /Ny)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the UnderwritersUnderwriter and the Company, the Company and the controlling persons, directors and officers referred to in Section 7 Paragraph 8 hereof, and their respective successors, legal representatives Underwriter and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Sources: Underwriting Agreement (Sb Merger Corp), Underwriting Agreement (Sb Merger Corp), Underwriting Agreement (Sb Merger Corp)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the Underwriters, Underwriters and the Company and the controlling persons, directors directors, officers, employees and officers agents referred to in Section 7 hereofand 8, and their respective successors, legal representatives successors and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser The term "successors and assigns" shall not include a purchaser, in its capacity as such, of Securities Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchasethe Underwriters.
Appears in 4 contracts
Sources: Underwriting Agreement (Iron Mountain Inc/Pa), Underwriting Agreement (Iron Mountain Inc/Pa), Underwriting Agreement (Iron Mountain Inc/Pa)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, upon the Underwriters, the Company and the controlling persons, directors and officers referred to in Section 7 hereof, hereof and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Sources: Underwriting Agreement (Integrated Technology Usa Inc), Underwriting Agreement (Sonoma International Inc), Underwriting Agreement (Complete Management Inc)
Parties. This Agreement shall be binding upon, and inure solely to the benefit of and shall be binding uponof, the UnderwritersUnderwriters and the Company and, to the extent provided in Sections 8 hereof, the officers and directors of the Company and each person who controls the controlling persons, directors and officers referred to in Section 7 hereofCompany or any Underwriter, and their respective successorsheirs, legal representatives executors, administrators, successors and assigns, and no other person shall have acquire or be construed to have any legal or equitable right, remedy or claim right under or in respect of or by virtue of this Agreement or any provisions herein containedAgreement. No purchaser of any of the Securities from any Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.
Appears in 4 contracts
Sources: Underwriting Agreement (Sunamerica Inc), Underwriting Agreement (Sunamerica Inc), Underwriting Agreement (Sunamerica Inc)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the Underwriters, the Company and the controlling persons, directors persons and officers agents referred to in Section 7 hereofSections 6 and 7, and their respective successors, legal representatives successors and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser The term “successors and assigns” shall not include a purchaser, in its capacity as such, of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchasethe Underwriters.
Appears in 4 contracts
Sources: Underwriting Agreement (Beazer Homes Usa Inc), Underwriting Agreement (Beazer Homes Usa Inc), Underwriting Agreement (Beazer Homes Usa Inc)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the Underwriters, the Company and the controlling persons, directors and officers referred to in Section 7 hereofthereof, the Operating Partnership and their respective successors, assigns, heirs and legal representatives and assignsRepresentative, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No The terms “successors” and “assigns” shall not include any purchaser of Securities from any Underwriter shall be deemed to be a successor by reason the Shares merely because of such purchase.
Appears in 4 contracts
Sources: Underwriting Agreement (City Office REIT, Inc.), Underwriting Agreement (City Office REIT, Inc.), Underwriting Agreement (City Office REIT, Inc.)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the UnderwritersUnderwriter, the Company and the controlling persons, directors and officers referred indemnified persons to in Section 7 hereof, and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Sources: Underwriting Agreement (Lightspace Corp), Underwriting Agreement (Lightspace Corp), Underwriting Agreement (Lightspace Corp)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the Underwriters, the Company Company, and the controlling persons, directors and officers referred to in Section 7 hereof, and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 4 contracts
Sources: Underwriting Agreement (B2bstores Com Inc), Underwriting Agreement (B2bstores Com Inc), Underwriting Agreement (Spectrascience Inc)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the Underwriters, the Company and the controlling persons, directors and officers referred to in Section 7 hereof, and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in with respect of to or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Sources: Underwriting Agreement (Sunhawk Com Corp), Underwriting Agreement (Sunhawk Com Corp), Underwriting Agreement (Sunhawk Com Corp)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the Underwriters, the Selling Shareholders, and the Company and the controlling persons, directors and officers referred to in Section 7 hereofthereof, and their respective successors, assigns, heirs and legal representatives and assignsrepresentatives, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No The terms “successors” and “assigns” shall not include any purchaser of Securities from any Underwriter shall be deemed to be a successor by reason the Shares merely because of such purchase.
Appears in 3 contracts
Sources: Underwriting Agreement (Gas Natural Inc.), Underwriting Agreement (Gas Natural Inc.), Underwriting Agreement (Gas Natural Inc.)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the Underwriters, the Company Offerors and the controlling persons, directors and officers referred to in Section 7 hereof, and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Preferred Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Sources: Underwriting Agreement (NHTB Capital Trust I), Underwriting Agreement (Century Bancorp Capital Trust), Underwriting Agreement (Abington Bancorp Capital Trust)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the Underwriters, the Selling Shareholder, and the Company and the controlling persons, directors and officers referred to in Section 7 hereofthereof, and their respective successors, assigns, heirs and legal representatives and assignsrepresentatives, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No The terms “successors” and “assigns” shall not include any purchaser of Securities from any Underwriter shall be deemed to be a successor by reason the Shares merely because of such purchase.
Appears in 3 contracts
Sources: Underwriting Agreement (Gas Natural Inc.), Underwriting Agreement (Gas Natural Inc.), Underwriting Agreement (Gas Natural Inc.)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the UnderwritersUnderwriter, the Company and the controlling persons, directors and officers referred to in Section 7 Paragraph 10 hereof, and their respective successors, legal representatives and assigns, and no other person person, shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Sources: Underwriting Agreement (Renewable Energy Acquisition Corp.), Underwriting Agreement (Homeowners Financial Corp), Underwriting Agreement (Kaire International Inc)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the several Underwriters, the Company Company, the Selling Shareholders and the controlling persons, directors and officers referred to in Section 7 hereofthereof, and their respective successors, assigns, heirs, legatees and legal representatives and assignsrepresentatives, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No The terms "successors" and "assigns" shall not include any purchaser of Securities from any Underwriter shall be deemed to be a successor by reason the Shares merely because of such purchase.
Appears in 3 contracts
Sources: Underwriting Agreement (Jackson Hewitt Inc), Underwriting Agreement (Judge Group Inc), Underwriting Agreement (Jackson Hewitt Inc)
Parties. This Agreement shall be binding upon, and inure solely to the benefit of and shall be binding uponof, the Underwriters, the Company and, to the extent provided in Sections 7 and 8 hereof, the controlling personsofficers and directors of the Company and each person who controls the Company, directors and officers referred to in Section 7 hereofany of the Underwriters, and their respective successorsheirs, legal representatives executors, administrators, successors and assigns, and no other person shall have acquire or be construed to have any legal or equitable right, remedy or claim right under or in respect of or by virtue of this Agreement or any provisions herein containedAgreement. No purchaser of Securities any of the Shares from any Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.
Appears in 3 contracts
Sources: Underwriting Agreement (Civista Bancshares, Inc.), Underwriting Agreement (Orange County Bancorp, Inc. /DE/), Underwriting Agreement (Orange County Bancorp, Inc. /DE/)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the Underwriters, the Company and the controlling persons, directors and officers other indemnified parties referred to in Section 7 hereofSections 6 and 7, and their respective successors, legal representatives successors and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser The term “successors and assigns” shall not include a purchaser, in its capacity as such, of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchasethe Underwriters.
Appears in 3 contracts
Sources: Underwriting Agreement (HF Sinclair Corp), Underwriting Agreement (HollyFrontier Corp), Underwriting Agreement (HollyFrontier Corp)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the UnderwritersUnderwriter, the Company and the controlling persons, directors and officers referred to in Section 7 hereof, and their respective successors, legal representatives Underwriter and assigns, assigns and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Sources: Underwriting Agreement (Robotic Lasers Inc), Underwriting Agreement (Robotic Lasers Inc), Underwriting Agreement (Genisys Reservation Systems Inc)
Parties. This Agreement shall be binding upon, and inure solely to the benefit of and shall be binding uponof, the Underwriters, the Company and, to the extent provided in Sections 9 and 11 hereof, the controlling persons, officers and directors of the Company or any Underwriter and officers referred to in Section 7 hereofeach person who controls the Company or any Underwriter, and their respective successorsheirs, legal representatives executors, administrators, successors and assigns, and no other person shall have acquire or be construed to have any legal or equitable right, remedy or claim right under or in respect of or by virtue of this Agreement or any provisions herein containedAgreement. No purchaser of Securities any of the Depositary Shares from any Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.
Appears in 3 contracts
Sources: Underwriting Agreement (Zions Bancorporation /Ut/), Underwriting Agreement (Zions Bancorporation /Ut/), Underwriting Agreement (Zions Bancorporation /Ut/)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the Underwriters, the Company Company, the Parent and the controlling persons, directors directors, officers and officers others referred to in Section Sections 7 hereofand 8, and their respective successors, legal representatives successors and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser The term "successors and assigns" shall not include a purchaser, in its capacity as such, of Securities Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchasethe Underwriters.
Appears in 3 contracts
Sources: Underwriting Agreement (Ready Mix, Inc.), Underwriting Agreement (Ready Mix, Inc.), Underwriting Agreement (Ready Mix, Inc.)
Parties. This Agreement shall inure solely to the benefit of and ------- shall be binding upon, the Underwriters, the Company Company, and the controlling persons, directors and officers persons referred to in Section 7 hereof, and their respective successors, legal representatives ------- and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 3 contracts
Sources: Underwriting Agreement (Careside Inc), Underwriting Agreement (Careside Inc), Underwriting Agreement (Careside Inc)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the Representative, the Underwriters, the Company and the controlling persons, directors directors, officers, and officers other persons referred to in Section 7 hereof, and their respective successors, legal representatives and permitted assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in with respect of to or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase. Neither this Agreement nor any rights or obligations hereunder may be assigned or delegated by a party without the prior written consent of the other party.
Appears in 3 contracts
Sources: Underwriting Agreement (Tarpon Industries, Inc.), Underwriting Agreement (Tarpon Industries, Inc.), Underwriting Agreement (Access Integrated Technologies Inc)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the UnderwritersUnderwriter, the Company and the controlling persons, directors directors, officers and officers others referred to in Section Sections 7 hereofand 8, and their respective successors, legal representatives successors and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser The term “successors and assigns” shall not include a purchaser, in its capacity as such, of Securities Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchasethe Underwriter.
Appears in 3 contracts
Sources: Underwriting Agreement (Environmental Power Corp), Underwriting Agreement (Environmental Power Corp), Underwriting Agreement (Environmental Power Corp)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the Underwriters, the Company and the controlling persons, directors and officers referred to in Section 7 hereof, and their respective successors, legal representatives and assigns, assigns and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Sources: Underwriting Agreement (Awg LTD), Underwriting Agreement (Awg LTD)
Parties. This Agreement shall be binding upon, and inure solely to the benefit of and shall be binding uponof, the UnderwritersUnderwriter, the Company, the Selling Shareholder and, to the extent provided in Sections 10 and 13 hereof, the officers and directors of the Company and each person who controls the controlling persons, directors and officers referred to in Section 7 hereofCompany or the Underwriter, and their respective successorsheirs, legal representatives executors, administrators, successors and assigns, and no other person shall have acquire or be construed to have any legal or equitable right, remedy or claim right under or in respect of or by virtue of this Agreement or any provisions herein containedAgreement. No purchaser of any of the Securities from any the Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.
Appears in 2 contracts
Sources: Underwriting Agreement (Corpbanca/Fi), Underwriting Agreement (Corpbanca/Fi)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the UnderwritersUnderwriters and the Company, the Company and the controlling persons, directors directors, officers and officers others referred to in Section Sections 7 hereofand 8, and their respective successors, legal representatives successors and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser The term "successors and assigns" shall not include a purchaser, in its capacity as such, of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchasethe Underwriters.
Appears in 2 contracts
Sources: Underwriting Agreement (Uqm Technologies Inc), Underwriting Agreement (Uqm Technologies Inc)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the Underwriters, the Company and the controlling persons, directors and officers referred to in Section 7 6 hereof, and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Sources: Underwriting Agreement (Us Golf & Entertainment Inc), Underwriting Agreement (Us Golf & Entertainment Inc)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the UnderwritersUnderwriter, the Company and the controlling persons, directors and officers referred to in Section SECTION 7 hereof, and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities Shares from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Sources: Underwriting Agreement (Cumetrix Data Systems Corp), Underwriting Agreement (Cumetrix Data Systems Corp)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the several Underwriters, the Company Company, and the controlling persons, directors and officers referred to in Section 7 9 hereof, and their respective successors, assigns, heirs and legal representatives and assignsrepresentatives, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No The term "successors" and "assigns" shall not include any purchaser of Securities from any Underwriter shall be deemed to be a successor by reason the Shares merely because of such purchase.
Appears in 2 contracts
Sources: Underwriting Agreement (Data Dimensions Inc), Underwriting Agreement (Aviation Distributors Inc)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the Underwriters, the Company and the controlling persons, directors and officers referred to in Section 7 hereof, and their respective successors, legal representatives and assigns, and no other person shall have or be been construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Sources: Underwriting Agreement (Infosonics Corp), Underwriting Agreement (Perficient Inc)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the several Underwriters, the Company Artesian Resources and the controlling persons, directors and officers referred to in Section 7 hereofthereof, and their respective successors, assigns, heirs and legal representatives and assignsrepresentatives, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No The terms "successors" and "assigns" shall not include any purchaser of Securities from any Underwriter shall be deemed to be a successor by reason the Shares merely because of such purchase.
Appears in 2 contracts
Sources: Underwriting Agreement (Artesian Resources Corp), Underwriting Agreement (Artesian Resources Corp)
Parties. This Agreement shall inure solely to the benefit of of, and ------- shall be binding upon, the Underwriters, Underwriters and the Company and the controlling persons, directors directors, officers, employees and officers agents referred to in Section 7 hereofand 8, and their respective successors, legal representatives successors and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser The term "successors and assigns" shall not include a purchaser, in its capacity as such, of Securities Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchasethe Underwriters.
Appears in 2 contracts
Sources: Underwriting Agreement (Theglobe Com Inc), Underwriting Agreement (Averstar Inc)
Parties. This Agreement shall inure insure solely to the benefit of of, and shall be binding upon, the Underwriters, Underwriters and the Company and the controlling persons, directors directors, officers, employees and officers agents referred to in Section Sections 7 hereofand 8, and their respective successors, legal representatives successors and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser The term "successors and assigns" shall not include a purchaser, in its capacity as such, of Securities Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchasethe Underwriters.
Appears in 2 contracts
Sources: Underwriting Agreement (First Virtual Holding Inc), Underwriting Agreement (Asset Alliance Corp)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the UnderwritersUnderwriter, the Company and the controlling persons, directors and officers referred to in Section 7 hereof, and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities Shares from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Sources: Underwriting Agreement (Riddell Sports Inc), Underwriting Agreement (Cti Industries Corp)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the UnderwritersUnderwriter, the Company MEI and the controlling persons, directors and officers referred to in Section 7 hereofthereof, and their respective successors, assigns, heirs and legal representatives and assignsrepresentative, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No The terms "successors" and "assigns" shall not include any purchaser of Securities from any Underwriter shall be deemed to be a successor by reason the Units merely because of such purchase.
Appears in 2 contracts
Sources: Underwriting Agreement (Marshall Edwards Inc), Underwriting Agreement (Marshall Edwards Inc)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, upon the Underwriters, the Company and the Selling Shareholders, and the controlling persons, directors and officers referred to in Section 7 hereof, hereof and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Registered Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Sources: Underwriting Agreement (Alaron Com Holding Corp), Underwriting Agreement (Alaron Com Holding Corp)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, upon the UnderwritersUnderwriter, the Company and the controlling persons, directors and officers referred to in Section 7 hereof, and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Sources: Underwriting Agreement (Omnicorder Technologies Inc), Underwriting Agreement (Omnicorder Technologies Inc)
Parties. This Agreement shall inure solely to the benefit of and shall ------- be binding upon, the Underwriters, the Company and the controlling persons, directors and officers referred to in Section 7 hereof, and their respective ------- successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Sources: Underwriting Agreement (Depomed Inc), Underwriting Agreement (Depomed Inc)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the Underwriters, the Company and the controlling persons, directors and officers referred to in Section 7 8 hereof, and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Sources: Underwriting Agreement (TGC Industries Inc), Underwriting Agreement (Euroseas Ltd.)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the Underwriters, the Company Company, and the controlling personsSelling Stockholders and the Controlling Persons, directors and officers or general partners referred to in Section 7 9 hereof, and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities Shares from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Sources: Standby Underwriting Agreement (Diamond Technology Partners Inc), Standby Underwriting Agreement (Diamond Technology Partners Inc)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, upon the Underwriters, the Company parties hereto and their respective successors and assigns and the controlling persons, officers and directors and officers referred to in Section 7 hereof, and their respective successors, legal representatives and assigns, and no other person 6. Nothing in this Agreement is intended or shall have or be construed to have give any other person, firm or corporation any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser The term "successors and assigns" as used herein shall not include any purchaser, as the purchaser, of Securities any of the Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchasethe Underwriters.
Appears in 2 contracts
Sources: Purchase Agreement (Commercial Federal Corp), Purchase Agreement (Commercial Federal Corp)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the Underwriters, the Company and the controlling persons, directors and officers referred to in Section SECTION 7 hereof, and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities Shares from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Sources: Underwriting Agreement (Cumetrix Data Systems Corp), Underwriting Agreement (Cumetrix Data Systems Corp)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the several Underwriters, the Company and the controlling persons, directors and officers referred to in Section 7 hereof, and their respective successors, legal representatives and assigns, and their respective heirs and legal representatives and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any Underwriter Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Sources: Underwriting Agreement (Antex Biologics Inc), Underwriting Agreement (Pelion Systems Inc)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the Underwriters, the Company and the controlling persons, directors and officers referred to in Section 7 hereof, and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Firm Securities or Option Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Sources: Underwriting Agreement (Amdiv Com Inc), Underwriting Agreement (American Diversified Holdings Inc)
Parties. This Agreement shall be binding upon, and inure solely to the benefit of and shall be binding uponof, the UnderwritersUnderwriter, the Company and, to the extent provided in Sections 9 and 11 hereof, the controlling persons, officers and directors of the Company or the Underwriter and officers referred to in Section 7 hereofeach person who controls the Company or the Underwriter, and their respective successorsheirs, legal representatives executors, administrators, successors and assigns, and no other person shall have acquire or be construed to have any legal or equitable right, remedy or claim right under or in respect of or by virtue of this Agreement or any provisions herein containedAgreement. No purchaser of any of the Securities from any the Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.
Appears in 2 contracts
Sources: Underwriting Agreement (Zions Bancorporation /Ut/), Underwriting Agreement (Zions Bancorporation /Ut/)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the UnderwritersUnderwriter, the Company and the controlling persons, directors and officers referred to in Section 7 hereof, and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Sources: Underwriting Agreement (Dynamic International LTD), Underwriting Agreement (Dynamic International LTD)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the UnderwritersUnderwriter, the Company and the controlling persons, directors and officers referred to in Section 7 hereof, and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Sources: Underwriting Agreement (Coates Motorcycle Co LTD), Underwriting Agreement (Coates Motorcycle Co LTD)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the Underwriters, the Company and the controlling persons, directors directors, officers and officers others referred to in Section Sections 7 hereofand 8, and their respective successors, legal representatives successors and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser The term "successors and assigns" shall not include a purchaser, in its capacity as such, of Securities Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchasethe Underwriters.
Appears in 2 contracts
Sources: Underwriting Agreement (Millennium Cell Inc), Underwriting Agreement (3tec Energy Corp)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the several Underwriters, the Company Company, the Selling Stockholder and the controlling persons, directors and officers referred to in Section 7 8 hereof, and their respective successors, assigns, heirs and legal representatives and assignsrepresentatives, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No The terms "successors" and "assigns" shall not include any purchaser of Securities from any Underwriter shall be deemed to be a successor by reason the Shares merely because of such purchase.
Appears in 2 contracts
Sources: Underwriting Agreement (Orbit Fr Inc), Underwriting Agreement (Orbit Fr Inc)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the Underwriters, the Company and the controlling persons, directors and officers referred to in Section 7 8 hereof, and their respective successors, legal representatives and assigns, and each of the Selling Stockholders and their successors, legal representatives and assigns and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Sources: Underwriting Agreement (New West Eyeworks Inc), Underwriting Agreement (New West Eyeworks Inc)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the Underwriters, Underwriters and the Company and the controlling persons, directors directors, officers, employees and officers agents referred to in Section Sections 7 hereofand 8, and their respective successors, legal representatives successors and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein containedprovision contained herein. No purchaser The term "successors and assigns" shall not include a purchaser, in its capacity as such, of Securities Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchasethe Underwriters.
Appears in 2 contracts
Sources: Underwriting Agreement (Serviceware Technologies Inc/ Pa), Underwriting Agreement (Primis Inc)
Parties. This Agreement shall inure solely to the benefit of of, and ------- shall be binding upon, the UnderwritersUnderwriter, the Company Company, and the controlling persons, directors persons and officers entities referred to in Section 7 hereof8 who are entitled to indemnification or contribution, and their respective successors, legal representatives representatives, and assignsassigns (which shall not include any buyer, as such, of the Shares), and no other person shall have or be construed to have any legal or equitable right, remedy remedy, or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Sources: Underwriting Agreement (Siga Pharmaceuticals Inc), Underwriting Agreement (Siga Pharmaceuticals Inc)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, upon the UnderwritersPlacement Agent, the Company and the controlling persons, directors and officers referred to in Section 7 hereof, hereof and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Registered Securities from any Underwriter Placement Agent shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Sources: Placement Agent Agreement (Casull Arms Corp), Placement Agent Agreement (Casull Arms Corp)
Parties. This Agreement shall inure solely to the benefit of and ------- shall be binding upon, the UnderwritersUnderwriter, the Company and the controlling persons, directors and officers referred to in Section 7 8 hereof, and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Sources: Underwriting Agreement (Trans Energy Inc), Underwriting Agreement (Trans Energy Inc)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the Underwriters, Underwriters and the Company and the controlling persons, directors and officers referred to in Section Sections 7 hereofand 8, and their respective successors, legal representatives successors and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser The term "successors and assigns " shall not include a purchaser, in its capacity as such, of Securities Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchasethe Underwriters.
Appears in 2 contracts
Sources: Underwriting Agreement (D E Frey Group Inc), Underwriting Agreement (D E Frey Group Inc)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the UnderwritersUnderwriters and the Company, the Company and the controlling persons, directors directors, officers and officers others referred to in Section Sections 7 hereofand 8, and their respective successors, legal representatives successors and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser The term "successors and assigns" shall not include a purchaser, in its capacity as such, of Securities Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchasethe Underwriters.
Appears in 2 contracts
Sources: Underwriting Agreement (Uqm Technologies Inc), Underwriting Agreement (Uqm Technologies Inc)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the Underwriters, Underwriter and the Company and the controlling persons, directors persons and officers entities referred to in Section 7 hereof8 who are entitled to indemnification or contribution, and their respective successors, legal representatives representatives, and assignsassigns (which shall not include any buyer, as such, of the Firm Shares or the Option Shares), and no other person shall have have, or be construed to have have, any legal or equitable right, remedy remedy, or claim under or under, in respect of of, or by virtue of this Agreement or any provisions provision herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Sources: Underwriting Agreement (Full House Resorts Inc), Underwriting Agreement (CapitalSouth Bancorp)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the Underwriters, the Company Company, and the controlling persons, directors persons and officers entities referred to in Section 7 hereof8 who are entitled to indemnification or contribution, and their respective successors, legal representatives representatives, and assignsassigns (which shall not include any buyer, as such, of the Units, Common Stock and Warrants or the Additional Securities) and no other person shall have or be construed to have any legal or equitable right, remedy remedy, or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Sources: Underwriting Agreement (Multi Link Telecommunications Inc), Underwriting Agreement (Multi Link Telecommunications Inc)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, upon the Underwriters, the Company and the controlling persons, directors directors, officers, employees and officers agents referred to in Section 7 hereofSections 6 and 7, and their respective successors, legal representatives successors and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser The term “successors and assigns” shall not include a purchaser, in its capacity as such, of Securities Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchasethe Underwriters.
Appears in 2 contracts
Sources: Underwriting Agreement (Rithm Capital Corp.), Underwriting Agreement (New Residential Investment Corp.)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the Underwriters, the Company and the controlling persons, directors and officers referred to in Section 7 hereof, and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 2 contracts
Sources: Underwriting Agreement (Intervu Inc), Underwriting Agreement (Intervu Inc)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the Underwriters, the Company and the controlling persons, directors and officers referred to in Section 7 hereof, and their respective successors, legal representatives Representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, each of the Underwriters, the Company Obligors and the controlling persons, directors persons and officers agents referred to in Section 7 hereofSections 6 and 7, and their respective successors, legal representatives successors and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser The term “successors and assigns” shall not include a purchaser, in its capacity as such, of Securities Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchasethe Underwriters.
Appears in 1 contract
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the UnderwritersUnderwriter, the Company and the controlling persons, directors directors, officers, employees and officers agents referred to in Section Sections 7 and 8 hereof, and their respective successors, legal representatives successors and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.provision herein
Appears in 1 contract
Sources: Underwriting Agreement (Xm Satellite Radio Holdings Inc)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the several Underwriters, the Company and the controlling persons, directors and officers other persons referred to in Section 7 hereof, and their respective successors, heirs, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any Underwriter Underwriters shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the Underwriters, the Company Company, and the controlling persons, directors and officers referred to in Section 7 9 hereof, and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Parties. This Agreement shall inure solely to the benefit of and ------- shall be binding upon, upon the UnderwritersUnderwriter, the Company and the controlling persons, directors and officers referred to in Section 7 hereof, hereof and their respective successors, legal representatives Underwriter and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Parties. This Agreement shall inure solely to the benefit of and ------- shall be binding upon, the Underwriters, the Company and the controlling persons, directors and officers referred to in Section 7 hereof, and their ------- respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the UnderwritersRepresentatives, the Company Company, Selling Securityholders and the controlling persons, directors and officers referred to in Section 7 hereof, and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any Underwriter Representative shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the Underwriters, the Company Issuers and the controlling persons, directors persons and officers agents referred to in Section 7 hereofSections 6 and 7, and their respective successors, legal representatives successors and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser The term “successors and assigns” shall not include a purchaser, in its capacity as such, of Securities Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchasethe Underwriters.
Appears in 1 contract
Parties. This Agreement shall inure insure solely to the benefit of of, and ------- shall be binding upon, the Underwriters, the Company and the controlling persons, directors directors, officers and officers others referred to in Section Sections 7 hereofand 8, and their respective successors, legal representatives successors and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser The term "successors and assigns" shall not include a purchaser, in its capacity as such, of Securities Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchasethe Underwriters.
Appears in 1 contract
Parties. This Agreement shall be binding upon, and inure solely to the benefit of and shall be binding uponof, the Underwriters, Underwriter and the Company and and, to the controlling persons, directors and officers referred to extent provided in Section 7 hereof, the officers and directors of the Company and each person who controls the Company or the Underwriter, and their respective successorsheirs, legal representatives executors, administrators, successors and assigns, and no other person shall have acquire or be construed to have any legal or equitable right, remedy or claim right under or in respect of or by virtue of this Agreement or any provisions herein containedAgreement. No purchaser of Securities any of the Shares from any the Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.
Appears in 1 contract
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the Underwriters, the Company Company, the Parent and the controlling persons, directors and officers referred to in Section 7 hereof, and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Sources: Underwriting Agreement (Commodore Separation Technologies Inc)
Parties. This Agreement shall inure solely to the benefit of of, and shall be binding upon, the Underwriters, the Company and the controlling persons, directors and officers referred to in Section 7 hereofthereof, the Operating Partnership and their respective successors, assigns, heirs and legal representatives and assignsRepresentatives, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No The terms “successors” and “assigns” shall not include any purchaser of Securities from any Underwriter shall be deemed to be a successor by reason the Shares merely because of such purchase.
Appears in 1 contract
Parties. This Agreement shall inure insure solely to the benefit of of, and shall be binding upon, the Underwriters, Underwriters and the Company and the controlling persons, directors directors, officers, employees and officers agents referred to in Section 7 hereofand 8, and their respective successors, legal representatives successors and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser The term "successors and assigns" shall not include a purchaser, in its capacity as such, of Securities ADSs from any Underwriter shall be deemed to be a successor by reason merely of such purchasethe Underwriters.
Appears in 1 contract
Sources: Underwriting Agreement (Tricom Sa)
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the Underwriters, the Company and the controlling persons, directors directors, officers, employees, agents and officers affiliates referred to in Section 7 8 hereof, and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, upon the Underwriters, the Company Offerors and the controlling persons, directors and officers referred to in Section 7 hereof, and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Preferred Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Sources: Underwriting Agreement (Matrix Bancorp Capital Trust I)
Parties. This Agreement shall inure solely to the benefit of ------- of, and shall be binding upon, the Underwriters, Underwriters and the Company and the controlling persons, directors directors, officers, employees and officers agents referred to in Section 7 hereof7, and their respective successors, legal representatives successors and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions provision herein contained. No purchaser The term "successors and assigns" shall not include a purchaser, in its capacity as such, of Securities Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchasethe Underwriters.
Appears in 1 contract
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the Underwriters, the Company and the controlling persons, directors directors, officers, employees, agents and officers Affiliates referred to in Section 7 8 hereof, and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract
Parties. This Agreement shall inure solely to the benefit of and shall be binding upon, the Underwriters, the Company Company, the Selling Stockholders, and the controlling persons, directors and officers referred to in Section 7 hereof, and their respective successors, legal representatives and assigns, and no other person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provisions herein contained. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.
Appears in 1 contract